806 F.3d 45
2d Cir.2015Background
- Plaintiffs are three journeymen wiremen and union members; they claim age discrimination and related retaliation.
- They were referred by the union for a Lightmore job in Dec 2007 and were terminated Jan 2008.
- Plaintiffs filed grievances; the union investigated and secured concessions from Lightmore.
- In 2008–2009, Plaintiffs alleged retaliation and filed EEOC/NLRB/ILRDA charges.
- February 2009 meeting minutes record Maraia’s resentful statements toward the Plaintiffs’ claims.
- District court granted summary judgment; the court remanded on ADEA pre-Feb 2009 retaliation claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether pre-February 2009 retaliatory animus can support ADEA retaliation | Kazolias and Roxby allege pre-resentment acts show retaliation | Only post-resentment statements show retaliation | Remanded for ADEA pre-resentment claims |
| Whether LMRDA Title I speech is protected in this context | Speech about grievances implicates union democracy | Speech was personal, not union-wide, thus not protected | Affirmed rejection of LMRDA retaliation claims |
| Whether DFR claims were properly analyzed under standard for hiring halls | Heightened duty should apply to exclusive hiring hall | Standard not necessary; rules upheld; no breach found | Affirmed, no breach under proposed standard |
| Whether continuing violation toll extended the DFR/referral claims | Continuing violation doctrine applies to ongoing DFR failures | Each referral a discrete act; no continuing violation | Denied continuing-violation extension; each act timely |
| Whether district court properly allowed new evidence and Rule 56(d) delay | Olivieri deposition evidence could be reconsidered | Rule 56(d) not satisfied; evidence appropriately admitted | District court did not abuse discretion |
Key Cases Cited
- Trail v. Local 2850 UAW United Def. Workers of Am., 710 F.3d 541 (4th Cir. 2013) (speech related to union democracy limits protection)
- Hylla v. Transportation Communications Int'l Union, 536 F.3d 911 (8th Cir. 2008) (speech must concern union membership as a whole)
- Maddalone v. Local 17, United Bhd. of Carpenters & Joiners of Am., 152 F.3d 178 (2d Cir. 1998) (Title I protects speech about union policies)
- Sheet Metal Workers’ Int’l Ass’n v. Lynn, 488 U.S. 347 (Supreme Court 1989) (LMRDA aims to ensure union democracy)
- Franza v. Int’l Bhd. of Teamsters, Local 671, 869 F.2d 41 (2d Cir. 1989) (Title I protects union democracy and speech)
- National Railroad Passenger Corp. v. Morgan, 536 U.S. 101 (U.S. 2002) (discrete acts govern statute of limitations)